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The Independent has discovered that numerous at-risk women are in danger due to police departments not sharing crucial information about violent offenders, putting their safety at stake.
During a six-month period, official data revealed that over half of the 20,226 requests for background checks on potential domestic abusers were denied, showcasing yet another failure of England’s police forces to safeguard women.
Advocates claim that individuals seeking answers are subject to a “postcode lottery,” with one specialist cautioning that the large number of rejections is endangering women’s lives.
Robert Buckland, a high-ranking member of the Conservative Party, has urged for a prompt evaluation of the disclosure system, also referred to as Clare’s Law. This law is named after Clare Wood, a 36-year-old woman who was killed in 2009 by her former partner George Appleton. Appleton had a previous record of violent behavior that Wood was not aware of.
The Independent has discovered an inefficient system that has resulted in numerous women being unable to access information about their partners.
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Between October 2021 and March 2022, data from the National Police Chiefs’ Council showed that 56% of requests for criminal background checks under Clare’s Law were refused.
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Certain factors are causing women to endure a delay of months rather than days in finding out if their partner has a past of perpetrating violence against women.
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The mother of a woman who was murdered by her abusive ex-boyfriend has expressed disappointment with the police for their handling of her daughter’s case.
Mortimer’s partner attacked Laura Mortimer and her daughter Ella Dalby in their Gloucester home in May 2018, stabbing them a total of 42 times.
According to Hilary Stinchcombe, speaking to The Independent, the implementation of Clare’s Law could have potentially prevented the deaths of her daughter, Laura Mortimer, aged 31, and her granddaughter, Ella Dalby, aged 11.
In May 2018, Mortimer’s partner (and stepfather to Ella), Christopher Boon, stabbed the couple 42 times at their residence in Gloucester. Prior to meeting the family, Boon had received a suspended sentence for assaulting his previous partner and her mother in front of two children, which was unknown to the family at the time.
Ms Stinchcombe stated that her family had asked the police for information regarding Boon through Clare’s Law. However, the police denied their request, stating that it needed to come directly from the victim, which was incorrect.
She expressed her disgust at the police’s misinterpretation of the rules, leading to them withholding important information from them. She stated that had she been aware of his past convictions, she would have never allowed him near [Laura’s] children or let him enter the house.
A investigation of the fatalities revealed that law enforcement did not intervene when Boon assaulted Mortimer in 2014, despite his known criminal history. Initially, Mortimer reported to officers that she had been attacked by Boon, but did not want to pursue legal action.
According to Ms Stinchcombe, her daughter attempted to obtain a Clare’s Law disclosure from the police station after the attack, but was denied. Ms Stinchcombe stated, “She was certain that he had a criminal record – someone had told her – but we were all unaware until the court hearing.”
The Gloucester Police noted that both a domestic homicide review and a serious case review revealed that Ms Mortimer was informed by a social worker about her husband’s past instances of domestic violence, but she did not seem worried by this information.
Only a few months prior to meeting Mortimer, Boon had been issued a suspended sentence for attacking his former partner and her mother.
The two parts of Clare’s Law allow victims and their loved ones to inquire about an abuser’s criminal history from the police. The second part also grants public bodies the ability to obtain information on individuals who are perceived as a danger to women.
A spokesperson for the National Police Chiefs’ Council (NPCC) said Clare’s Law applications are rejected because there is no information to reveal about a suspected perpetrator.
However, Sir Robert encouraged government officials to negotiate the conditions of a examination with the NPCC in order to prevent valid inquiries from being disregarded.
Wiltshire Police, a law enforcement agency, is currently examining numerous submissions regarding the withholding of crucial information that could have safeguarded individuals vulnerable to domestic abuse. This examination was initiated following concerns raised about a staff member. A representative from the Independent Office for Police Conduct (IOPC) stated that an independent investigation is currently in progress.
Sir Robert expressed skepticism about the system and desires confirmation that the applications were thoroughly evaluated, even if no information is disclosed.
“I believe it is necessary to conduct a thorough review to ensure that the processes are being followed correctly, considering the events in Wiltshire. Any action that undermines trust in the system will ultimately harm those who are working diligently to prevent becoming victims of abuse.”
He stated, “The purpose of implementing this system was to boost public trust. If it’s having the opposite effect, then it goes against the system’s goal.”
The shadow minister for domestic violence in the Labour party expressed concern over the number of missed opportunities that have resulted in loss of life. Alex Davies-Jones stated that it is troubling that half of the applications made through the scheme have been denied, and called on the National Police Chiefs’ Council to collaborate with police forces to ensure a uniform and thorough approach in these situations.
She emphasized the importance of the program in “taking advantage of every chance for early intervention and prevention against domestic violence and abuse.” She also stated that failing to do so has resulted in loss of lives, and there have been too many already.
According to Nicole Jacobs, the domestic abuse commissioner, the law has the potential to save lives by providing crucial information. However, rejecting applications means that chances to protect victims are being overlooked.
The last photograph of Mortimer and her mother Hilary Stinchcombe, taken around a month before the 31-year-old was killed by Boon
According to Ellie Butt, a representative of Refuge, a prominent organization for domestic abuse, who collaborates with The Independent, there are numerous flaws in the plan. She also cautioned that Clare’s Law may create a mistaken belief of safety if crucial details are not disclosed or disregarded.
According to Rachel Horman-Brown, a lawyer who specializes in cases of domestic abuse, not disclosing information under Clare’s Law can endanger the lives of women. She stated that while some women she assists receive disclosures under Clare’s Law, many have their applications denied.
At times, individuals are informed that they have left their abuser and do not need to be aware of their actions. However, in cases of domestic abuse, separations are not always straightforward. Oftentimes, victims will return to their abusers.
The reason for this is that the offenders are highly manipulative, causing their victims to feel intimidated and powerless. Many victims are less inclined to return to their abusers if they are aware of the past incidents of abuse. The justification for refusing information from the police is not valid.
According to Dr. Charlotte Barlow, an expert in domestic violence and Clare’s Law, there is a significant discrepancy in the implementation of Clare’s Law, with certain regions allocating significantly more resources to the program compared to others.
The scholar stated that some domestic violence survivors she meets often have to wait several months before being informed about their partner’s disclosure. She also mentioned a case where a woman had to wait five months despite calling the police multiple times.
Dr. Barlow cautioned against the recommended 28-day waiting period for disclosure, stating that it is too lengthy.
Louisa Rolfe, who is the assistant commissioner of the Metropolitan Police and also leads their effort to address domestic abuse, stated that the police’s goal is to consult with appropriate organizations that protect victims before sharing any information. Additionally, if a victim reveals possible abuse but there are no existing records, the police will work with other relevant agencies to ensure their safety.
According to a representative from Gloucester Police, the investigation into the fatalities of Mortimer and Ella revealed that their policy for Clare’s Law only allowed the individual in the relationship to have access to prior convictions.
“Nevertheless, with the implementation of official government guidelines in 2022, the police force will now examine the possibility of revealing information to a specific individual under certain circumstances,” they elaborated.
On January 9, 2024, this article was updated to mention that both a domestic homicide review and a serious case review revealed that Ms Mortimer had been informed of her husband’s past instances of domestic violence.
The national helpline for domestic abuse provides assistance to women by calling 0808 2000 247 or visiting the Refuge website. There is also a specific advice line for men at 0808 8010 327. For those in the US, the domestic violence hotline can be reached at 1-800-799-SAFE (7233). Additional international helplines can be found at www.befrienders.org.
Source: independent.co.uk
